HF 3085

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; modifying the price of surplus easement or property
acquired for transportation purposes and offered for reconveyance to the original
owner; amending Minnesota Statutes 2004, sections 161.43; 161.44, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 160.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [160.035] RECONVEYING SURPLUS TRANSPORTATION LAND.
new text end

new text begin A road authority that determines to dispose of real property or an easement no
longer needed for transportation purposes must first offer the property to the person, or
the person's surviving spouse, from whom the real property or easement was acquired, as
provided in section 161.43 or 161.44, subdivision 2.
new text end

Sec. 2.

Minnesota Statutes 2004, section 161.43, is amended to read:

161.43 RELINQUISHMENT OF HIGHWAY EASEMENT.

The commissioner of transportation may relinquish and quitclaim to the fee owner
an easement or portion of an easement owned but no longer needed by the Transportation
Department for trunk highway purposes, upon payment to the Transportation Department
of an amount of money equal to the new text begin lesser of the new text end appraised current market value of the
easement new text begin or the amount paid to the owner for acquisition of the easement, without interest new text end .
If the fee owner refuses to pay the required amount, or if after diligent search the fee owner
cannot be found, the commissioner may convey the easement to an agency or to a political
subdivision of the state upon terms and conditions agreed upon, or the commissioner may
acquire the fee title to the land underlying the easement in the manner provided in section
161.20, subdivision 2. After acquisition of the fee title, the lands may be sold to the
highest responsible bidder upon three weeks' published notice of the sale in a newspaper
or other periodical of general circulation in the county where the land is located. All bids
may be rejected and new bids received upon like publication. If the lands remain unsold
after being offered for sale to the highest bidder, the commissioner may retain the services
of a licensed real estate broker to find a buyer. The sale price may be negotiated by the
broker, but must not be less than 90 percent of the appraised market value as determined
by the commissioner. The broker's fee must be established by prior agreement between the
commissioner and the broker, and must not exceed ten percent of the sale price for sales of
$10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.

Sec. 3.

Minnesota Statutes 2004, section 161.44, subdivision 2, is amended to read:

Subd. 2.

Reconveyance; remainder owned by vendor or surviving spouse.

If the
lands were part of a larger tract and the remainder of the tract is still owned by the person
or the person's surviving spouse from whom the lands were acquired, or if the lands
constituted an entire tract, the lands must first be offered for reconveyance to the previous
owner or the owner's surviving spouse. When lands are offered for reconveyance, the
amount of money to be repaid for those lands must be the new text begin lesser of the new text end appraised current
market value of the lands to be reconveyed new text begin or the amount paid to the owner for acquisition,
without interest new text end . The offer must be made by certified mail addressed to the person at the
person's last known address. The person or the person's surviving spouse shall have 60
days from the date of mailing the offer to accept and to tender to the commissioner the
required sum of money.

Sec. 4. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin This act is effective the day following final enactment and applies to reconveyance
of property on or after that date, no matter when the property was acquired by a road
authority.
new text end